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(d) Any person who violates any provision of this article or who fails, neglects or refuses to comply with any order of the administrator, shall be subject to a civil penalty not to exceed $32,500.00 for each violation within the discretion of the court. Each day of violation of each requirement shall constitute a separate offense. (1) Violations for which a penalty may be imposed under this subsection shall include but not be limited to the following: (i) No state permit registration; (ii) No SWPPP; (iii) Incomplete SWPPP; (iv) SWPPP not available for review; (v) No approved erosion and sediment control plan; (vi) Failure to install stormwater BMPs and sediment controls; (vii) Stormwater BMPs or erosion and sediment controls improperly installed or maintained; (viii) Operational deficiencies; (ix) Discharges not in compliance with the requirements of 9VAC25-880-70. (2) The administrator may issue a summons for collection of the civil penalty and the action may be prosecuted in the appropriate court. (3) In imposing a civil penalty pursuant to this subjection, the court may consider the degree of harm caused by the violation and also the economic benefit to the violator from noncompliance. (4) Any civil penalties assessed by a court as a result of a summons issued by the city shall be paid into the treasury of the city to be used for the purpose of minimizing, preventing, managing, or mitigating pollution of the waters of the locality and abating environmental pollution therein in such manner the court may, by order, direct. (e) Notwithstanding any other civil or equitable remedy provided by this article or by law, any person who willfully or negligently violates any provision of this ordinance, any order of the administrator, any condition of a permit, or any order of a court shall be guilty of a misdemeanor punishable by confinement in jail for not mor than 12 months or a fine of not less than $2,500 nor more than $32,500, or both. Section 11.1-20 Notice to correct drainage. (a) Whenever the administrator shall find that a tract of land is inadequately drained, or that there is an obstruction to a culvert, drain or other natural or manmade watercourse that interferes with stormwater naturally flowing therein or that such culvert, drain or watercourse is of insufficient capacity to reasonably accommodate the flow of stormwater, the administrator or a person designated by the administrator shall notify the owner or person having possession, charge or maintenance of such land to remove the obstruction or provide the necessary drainage. (b) The owner or person having possession, charge or management of the land in question must comply with the administrator's order within the time specified in the notice. Failure to comply with such order shall constitute a violation of this section. In addition to any penalty imposed for each violation, the court hearing the case may direct the person responsible for the obstruction to remediate or correct the obstruction, and each day's default in such remediation or correction shall constitute a violation of and a separate offense under this section. Section 11.1-21 Pollution of the stormwater system. Page 22 of 27